House Bill hb1587

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    Florida House of Representatives - 2001                HB 1587

        By Representative Baxley






  1                      A bill to be entitled

  2         An act relating to obtaining personal property

  3         or equipment illegally; amending s. 812.155,

  4         F.S.; revising provision relating to

  5         applicability of said section to include rental

  6         stores that retain title to the property

  7         throughout the rental-purchase agreement

  8         period; providing an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Section 812.155, Florida Statutes, is

13  amended to read:

14         812.155  Hiring, leasing, or obtaining personal

15  property or equipment with the intent to defraud; failing to

16  return hired or leased personal property or equipment; rules

17  of evidence.--

18         (1)  OBTAINING BY TRICK, FALSE REPRESENTATION,

19  ETC.--Whoever, with the intent to defraud the owner or any

20  person lawfully possessing any personal property or equipment,

21  obtains the custody of such personal property or equipment by

22  trick, deceit, or fraudulent or willful false representation

23  shall be guilty of a misdemeanor of the second degree,

24  punishable as provided in s. 775.082 or s. 775.083, unless the

25  value of the personal property or equipment is of a value of

26  $300 or more; in that event the violation constitutes a felony

27  of the third degree, punishable as provided in s. 775.082, s.

28  775.083, or s. 775.084.

29         (2)  HIRING OR LEASING WITH THE INTENT TO

30  DEFRAUD.--Whoever, with intent to defraud the owner or any

31  person lawfully possessing any personal property or equipment

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    Florida House of Representatives - 2001                HB 1587

    747-111-01






  1  of the rental thereof, hires or leases said personal property

  2  or equipment from such owner or such owner's agents or any

  3  person in lawful possession thereof shall, upon conviction, be

  4  guilty of a misdemeanor of the second degree, punishable as

  5  provided in s. 775.082 or s. 775.083, unless the value of the

  6  personal property or equipment is of a value of $300 or more;

  7  in that event the violation constitutes a felony of the third

  8  degree, punishable as provided in s. 775.082, s. 775.083, or

  9  s. 775.084.

10         (3)  FAILURE TO REDELIVER HIRED OR LEASED PERSONAL

11  PROPERTY.--Whoever, after hiring or leasing any personal

12  property or equipment under an agreement to redeliver the same

13  to the person letting such personal property or equipment or

14  his or her agent at the termination of the period for which it

15  was let, shall, without the consent of such person or persons

16  and with the intent to defraud, abandon or willfully refuse to

17  redeliver such personal property or equipment as agreed,

18  shall, upon conviction, be guilty of a misdemeanor of the

19  second degree, punishable as provided in s. 775.082 or s.

20  775.083, unless the value of the personal property or

21  equipment is of a value of $300 or more; in that event the

22  violation constitutes a felony of the third degree, punishable

23  as provided in s. 775.082, s. 775.083, or s. 775.084.

24         (4)  EVIDENCE OF FRAUDULENT INTENT.--

25         (a)  In prosecutions under this section, obtaining the

26  property or equipment under false pretenses; absconding

27  without payment; or removing or attempting to remove the

28  property or equipment from the county without the express

29  written consent of the lessor, is prima facie evidence of

30  fraudulent intent.

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    Florida House of Representatives - 2001                HB 1587

    747-111-01






  1         (b)  In a prosecution under subsection (3), failure to

  2  redeliver the property or equipment within 5 days after

  3  receipt of, or within 5 days after return receipt from, the

  4  certified mailing of the demand for return is prima facie

  5  evidence of fraudulent intent. Notice mailed by certified

  6  mail, return receipt requested, to the address given by the

  7  renter at the time of rental shall be deemed sufficient and

  8  equivalent to notice having been received by the renter,

  9  should the notice be returned undelivered.

10         (c)  In a prosecution under subsection (3), failure to

11  pay any amount due which is incurred as the result of the

12  failure to redeliver property after the rental period expires,

13  and after the demand for return is made, is prima facie

14  evidence of fraudulent intent. Amounts due include unpaid

15  rental for the time period during which the property or

16  equipment was not returned and include the lesser of the cost

17  of repairing or replacing the property or equipment if it has

18  been damaged.

19         (5)  DEMAND FOR RETURN.--Demand for return of overdue

20  property or equipment and for payment of amounts due may be

21  made in person, by hand delivery, or by certified mail, return

22  receipt requested, addressed to the lessee's address shown in

23  the rental contract.

24         (6)  NOTICE REQUIRED.--As a prerequisite to prosecution

25  under this section, the following statement must be contained

26  in the agreement under which the owner or person lawfully

27  possessing the property or equipment has relinquished its

28  custody, or in an addendum to that agreement, and the

29  statement must be initialed by the person hiring or leasing

30  the rental property or equipment:

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    Florida House of Representatives - 2001                HB 1587

    747-111-01






  1         Failure to return rental property or equipment

  2         upon expiration of the rental period and

  3         failure to pay all amounts due (including costs

  4         for damage to the property or equipment) are

  5         prima facie evidence of intent to defraud,

  6         punishable in accordance with section 812.155,

  7         Florida Statutes.

  8

  9         (7)  EXCLUSION OF RENTAL-PURCHASE AGREEMENTS.--This

10  section does not apply to personal property or equipment that

11  is the subject of a rental-purchase agreement that permits the

12  lessee to acquire ownership of the personal property or

13  equipment, unless the rental store retains the title to the

14  property throughout the rental-purchase agreement period.

15         Section 2.  This act shall take effect July 1, 2001.

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18                          HOUSE SUMMARY

19
      Revises a provision relating to applicability of s.
20    812.155, F.S., which relates to the hiring, leasing, or
      obtaining of personal property or equipment with the
21    intent to defraud and failing to return hired or leased
      personal property or equipment, to include rental stores
22    that retain title to the property throughout the
      rental-purchase agreement period.
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